The Senate met at 1:30 p.m. pursuant to adjournment and was called to order by the President.

The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Absent-excused: Cain, Luna.

The President announced that a quorum of the Senate was present.

The Reverend Kathleen Jones, First United Methodist Church, Austin, offered the invocation as follows:

God of infinite tenderness and strong compassion, we know You by many names. We seek You in many places. We ask of You many different things. But in the midst of our differences, our seeking and asking, Your faithfulness is sure. You know us each by name. You are among us in this time and place. You ask much of us.

You have given these men and women Your work to do. Give them, also, Your tenderness as well as Your strength; bless them with patience, kindness, and discernment. Teach them that all power belongs to You. Strengthen them when they are weary; give them the gifts of good humor and laughter in times of stress. Help them to see a vision of what You desire for Your people, especially the least and lowest. For these Your servants who work on our behalf, and for all those whose work completes Yours, loving God, we give You thanks. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Friday, April 16, 1999, was dispensed with and the Journal was approved.

LEAVES OF ABSENCE

On motion of Senator Truan, Senator Cain was granted leave of absence for today on account of illness.

On motion of Senator Barrientos, Senator Luna was granted leave of absence for today on account of illness.

CO-AUTHOR OF SENATE BILL 3

On motion of Senator Bivins and by unanimous consent, Senator Carona will be shown as Co-author of SB 3.

CO-AUTHOR OF SENATE BILL 275

On motion of Senator Ellis and by unanimous consent, Senator Shapleigh will be shown as Co-author of SB 275.

CO-AUTHOR OF SENATE BILL 525

On motion of Senator Luna and by unanimous consent, Senator Lucio will be shown as Co-author of SB 525.

CO-AUTHOR OF SENATE BILL 526

On motion of Senator Truan and by unanimous consent, Senator Lucio will be shown as Co-author of SB 526.

CO-AUTHOR OF SENATE BILL 791

On motion of Senator Nixon and by unanimous consent, Senator Madla will be shown as Co-author of SB 791.

CO-AUTHOR OF SENATE BILL 1179

On motion of Senator Wentworth and by unanimous consent, Senator Nixon will be shown as Co-author of SB 1179.

CO-AUTHORS OF SENATE BILL 1291

On motion of Senator Zaffirini and by unanimous consent, Senators Bernsen, Gallegos, and Moncrief will be shown as Co-authors of SB 1291.

CO-AUTHOR OF SENATE BILL 1710

On motion of Senator Ellis and by unanimous consent, Senator Lucio will be shown as Co-author of SB 1710.

GUESTS PRESENTED

Senator Bivins was recognized and introduced to the Senate his daughter, Katie, and seventh-grade students from Saint Andrew's Episcopal School in Amarillo, accompanied by their principal and teachers.

The Senate welcomed its guests.

SENATE RESOLUTION 641

Senator Moncrief offered the following resolution:

WHEREAS, The Senate of the State of Texas takes great pleasure in recognizing Curtis Sinclair "Sid" Wells, Jr., for his many contributions to the citizens of the State of Texas; and

WHEREAS, A sixth-generation Texan, Sid was born on September 13, 1936, in Houston; and

WHEREAS, Sid Wells graduated from Lamar High School in Houston and attended Texas A&M University, where he earned his bachelor of science and master of science degrees in aerospace engineering; he received his doctorate in mechanical and aerospace engineering from Rice University; and

WHEREAS, Sid married Elizabeth Ellen Moore, and the fortunate couple has enjoyed a secure and lasting partnership which has produced three children: Charlotte Ellen Wells, Christopher Sinclair Wells, and Curtis Allen Wells; and

WHEREAS, The children of Beth and Sid Wells have presented them with four grandchildren, who have brought their grandparents great pride and joy; the grandchildren are: Rachel Elizabeth, Curtis Moore, Sydney Ellen, and Carson Christopher; and

WHEREAS, From 1967 to 1975, Dr. Wells worked for the LTV Research Center, where he managed projects supporting new business developments for LTV Aerospace and E-Systems; from 1976 to 1988, he was in charge of implementing prime business strategies in missiles and electronics; and

WHEREAS, From 1989 to 1995, he demonstrated successfully ERINT as a complimentary missile for the Patriot system and won downselect decision for the

PAC-3 missile to protect the United States Army and our allies from weapons of mass destruction; and

WHEREAS, From 1996 to 1998, Dr. Wells led and organized development of new business initiatives for Vought within the new Lockheed Martin Corporation, and he retired from Lockheed Martin Vought Systems Corporation as Senior Vice President of Business Development in 1998; and

WHEREAS, On April 9, 1997, this outstanding gentleman represented Lockheed Martin Vought Systems at the State Capitol for Lockheed Martin Day; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby congratulate Curtis S. Wells, Jr., for his achievements and for his 37 years of service to Lockheed Martin Vought Systems Corporation; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of the high regard and esteem of the Texas Senate.

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Moncrief, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Moncrief was recognized and introduced to the Senate Dr. Curtis Sinclair "Sid" Wells, Jr., accompanied by his wife, Elizabeth, and his mother, Annabel Wells, along with other family members and friends.

The Senate welcomed Dr. Wells and his family and friends.

SENATE BILL ON FIRST READING

The following bill was introduced, read first time, and referred to the committee indicated:

SB 1871 by Wentworth

Relating to the creation, administration, powers, duties, operation, and financing of the Kendall County Groundwater Conservation District. (Local Bill)

To Committee on Natural Resources.

HOUSE BILLS ON FIRST READING

The following bills received from the House were read first time and referred to the committees indicated:

HB 341 to Committee on Economic Development.

HB 512 to Committee on Economic Development.

HB 597 to Committee on Education.

HB 681 to Committee on Criminal Justice.

HB 744 to Committee on Economic Development.

HB 806 to Committee on Criminal Justice.

HB 819 to Committee on Jurisprudence.

HB 844 to Committee on Finance.

HB 1138 to Committee on Intergovernmental Relations.

HB 1376 to Committee on Economic Development.

HB 1411 to Committee on Jurisprudence.

HB 1572 to Committee on Health Services.

HB 1779 to Committee on State Affairs.

HB 1879 to Committee on Finance.

HB 2025 to Committee on Border Affairs - Special.

HB 2719 to Committee on Natural Resources.

(Senator Truan in Chair)

CAPITOL PHYSICIAN

Senator Brown was recognized and presented Dr. Linda Porter-Tucci of Houston as the "Doctor for the Day."

The Senate welcomed Dr. Porter-Tucci and thanked her for her participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians.

(President in Chair)

SENATE BILL 1816 REREFERRED

Senator Harris submitted a Motion In Writing requesting that SB 1816 be withdrawn from the Committee on Criminal Justice and rereferred to the Committee on Jurisprudence.

The Motion In Writing prevailed without objection.

SENATE BILL 1591 REREFERRED

Senator Zaffirini submitted a Motion In Writing requesting that SB 1591 be withdrawn from the Committee on State Affairs and rereferred to the Committee on Human Services.

The Motion In Writing prevailed without objection.

SENATE RESOLUTION 670

Senator Duncan offered the following resolution:

WHEREAS, The Senate of the State of Texas takes great pride in recognizing Big Spring Day, which will be held April 19, 1999, at the State Capitol; a Texas city with a true pioneer spirit, a rich history, and a bright future, Big Spring is indeed worthy of a grand celebration; and

WHEREAS, Big Spring's history bears the mark of many historical personages; the city has been influenced by Spanish explorers like Coronado, by the Comanche Indians, and by Captain Randolph Marcy, who recorded the discovery of Big Spring; the railroad also had a great impact on Big Spring's development; and

WHEREAS, Even more important to Big Spring's history are ranching and farming; pioneer ranchers like Colonel C. C. Slaughter, "Bud" Roberts, and David Abner Rhoton have left indelible marks on Big Spring's history and present-day society; likewise, pioneer farmer J. B. Boydstun profoundly influenced Big Spring and the surrounding area with his introduction of cotton into the city's economy; and

WHEREAS, Another important facet of Big Spring's growth and development was the oil industry; oil pioneers such as Josh Cosden, Dora Roberts, and W. R. Settles helped establish the oil business in Big Spring; Big Spring's culture and growth has

consistently been spurred forward by the energy and dynamism of pioneers; and

WHEREAS, Today, in 1999, Big Spring remains proud of its pioneer past while looking confidently to the future; this year, in particular, the city has continued to grow and prosper; Big Spring recently constructed America's largest wind turbines, as well as a new junior high school for its children; and

WHEREAS, Visitors who pass through this crossroads city will enjoy its many sites, monuments, and entertainments, some of which include the Heritage Museum, the Hangar 25 Museum, the Vietnam Memorial, the Veteran's Hospital, the Potton House, the Big Spring State Park, Comanche Trails Park and Lake, Kid Zone, the Municipal Auditorium, and the Settles Hotel; and

WHEREAS, In the new millennium, Big Spring recognizes that its greatest resource will be its people; this proud Texas city will continue to honor its past, work hard for prosperity, and have hope for future generations; undaunted, it will tackle the problems affecting its vital oil, farming, and ranching industries; the people of Big Spring are endowed with their forefathers' pioneer spirit, and, unified, they will prevail over their current challenges; for the boldhearted citizens of Big Spring, the future is bright; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby extend best wishes to the citizens of Big Spring, Texas, for a most successful Big Spring Day at the Texas Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the citizens of Big Spring as an expression of high regard from the Texas Senate.

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Duncan, the resolution was adopted by a viva voce vote.

GUESTS PRESENTED

Senator Duncan, joined by Senator Fraser, was recognized and introduced to the Senate a delegation of citizens from the City of Big Spring.

Senator Fraser was recognized and introduced his wife, Linda, who accompanied the delegation.

The Senate welcomed its guests and Mrs. Fraser.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

April 16, 1999

TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION:

I ask the advice, consent and confirmation of the Senate with respect to the following appointments:

TO BE MEMBERS OF THE TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS for terms to expire February 1, 2005:

Ana C. Bergh

3211 Lakeshore Drive

Edinburg, Texas 78539

(reappointment)

Judith Day Powell

23 Thornbush Place

The Woodlands, Texas 77381

(replacing Alice Jones of

Houston whose term expired)

TO BE MEMBERS OF THE TEXAS STATE BOARD OF CHIROPRACTIC EXAMINERS:

For a term to expire February 1, 2003

Cheryl Belinda Barber

10311 Cedarhurst

Houston, Texas 77096

(filling the unexpired term of

Lisa Garza of Dallas who resigned)

For terms to expire February 1, 2005

Robert Lee Coburn, D.C.

1636 Azalea

Sweeny, Texas 77480

(replaces Keith Hubbard of

Fort Worth whose term expired)

Serge P. Francois, D.C.

2101 Creekside Circle South

Irving, Texas 75063

(replacing Carolyn Davis Williams

of Houston whose term expired)

TO BE MEMBERS OF THE CREDIT UNION COMMISSION:

For a term to expire February 15, 2001:

Karen A. Jacks

1005 Deer Park Court

Longview, Texas 75604

(filling the unexpired term of

Gail Mackie of San Antonio who resigned)

For terms to expire February 15, 2005

Floyde William Burnside, Jr., C.P.A.

627 Patterson Avenue

San Antonio, Texas 78209

(replacing Susan Chen Jackson

of Houston whose term expired)

Fran V. Hawkins

Route 1 Box 148-F

Robstown, Texas 78380

(replacing Linda Mann of

Bay City whose term expired)

Carlos Puente

P.O. Box 331655

Fort Worth, Texas 76163

(reappointment)

TO BE MEMBERS OF THE TEXAS BOARD OF MENTAL HEALTH AND MENTAL RETARDATION for terms to expire January 31, 2005:

Kenneth Z. Altshuler, M.D.

5227 Meaders Lane

Dallas, Texas 75229-6647

(replacing Janelle Smith Jordan

of Houston whose term expired)

Sharon Swift Butterworth

6100 Pinehurst Drive

El Paso, Texas 79912

(replacing Rosemary Vivero Neill

of El Paso whose term expired)

Lynda K. Scott

2 East Rock Wing Place

The Woodlands, Texas 77381

(replacing Edward Brunson Weyman

of Midland whose term expired)

TO BE MEMBERS OF THE STATE OFFICE OF RISK MANAGEMENT for terms to expire February 1, 2005:

Micaela Alvarez

6100 North 28th Street

McAllen, Texas 78504

(reappointment)

James E. Green

3113 Woodridge Drive

Hurst, Texas 76054

(replacing Frances Oliver

of Dallas whose term expired)

Respectfully submitted,

/s/George W. Bush

Governor

CONCLUSION OF MORNING CALL

The President at 1:52 p.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 710 ON THIRD READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its third reading and final passage:

CSSB 710, Relating to the subdivision of land outside a municipality.

The bill was read third time.

Senator Wentworth offered the following amendment to Floor Amendment No. 1 adopted on second reading:

Floor Amendment No. 1

Amend second reading Floor Amendment No. 1 for CSSB 710 by striking all of new (h) and replacing with the following:

(h) The provisions of this subchapter shall not apply to a subdivision of any tract of land belonging to the state, any state agency, board, or commission, or owned by the Permanent School fund or any other dedicated funds of the state unless the subdivision lays out a part of the tract described by Section 232.001(a)(3).

By unanimous consent, the amendment to the amendment was read and was adopted by a viva voce vote.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 710 as follows:

(1) In SECTION 3, on page 4, at the end of 232.0025(c), at the following sentence: "Acceptance by the commissioners court or court's designee of a completed plat application with documentation or other information required by subsection (a) shall not be construed as approval of the documentation or other information."

(2) In SECTION 3, on page 4, strike all of lines 19 - 20 and replace with the following:

may be extended for a reasonable period, if agreed to in writing by the applicant and approved by commissioners court or the court's designee;

By unanimous consent, the amendment was read and was adopted by a viva voce vote.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSSB 710 as follows:

Amend SECTION 2 by inserting at the end of the SECTION.

(h) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two parts to have a plat of the subdivision prepared if:

(1) the owner does not lay out a part of the tract described by Section 232.001(a)(3); and

(2) one new part is to be retained by the owner, and the other new part is to transferred to another person who will further subdivide the tract subject to the plat approval requirements of this chapter.

(i) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if:

(1) the owner does not lay out a part of the tract described by

Section 232.001(a)(3); and

(2) all parts are transferred to persons who owned an undivided interest in the original tract and a plat is filed before any further development of any part of the tract.

The amendment was read and was adopted by the following vote: Yeas 22, Nays 5.

Yeas: Armbrister, Barrientos, Bivins, Brown, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Madla, Moncrief, Nelson, Nixon, Ratliff, Shapiro, Sibley, Truan, Wentworth, Whitmire, Zaffirini.

Nays: Bernsen, Jackson, Ogden, Shapleigh, West.

Absent: Lindsay, Lucio.

Absent-excused: Cain, Luna.

On motion of Senator Wentworth and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSSB 710 as again amended was finally passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 525 ON SECOND READING

On motion of Senator Truan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 525, Relating to compensation and benefits for members of the state military forces and their dependents.

The bill was read second time.

Senator Truan offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 525 by striking all below the enacting clause and substituting the following:

SECTION 1. Section 431.006, Government Code, is amended to read as follows:

Sec. 431.006. REEMPLOYMENT OF PERSON CALLED TO TRAINING OR [ACTIVE ] DUTY. (a) A private employer may not terminate the employment of a permanent employee who is a member of the state military forces because the employee is ordered to authorized training or [active ] duty by proper authority [during an emergency within the state ]. The employee is entitled to return to the same employment held when ordered to training or [active ] duty and may not be subjected to loss of time, efficiency rating, vacation time, or any benefit of employment during or because of the absence. The employee, as soon as practicable after release from duty, must give written or actual notice of intent to return to employment.

(b) A person injured by a violation of this section is entitled to:

(1) damages in an amount not exceeding six months' compensation at the rate at which the person was compensated when ordered to training or [active ] duty; and

(2) reasonable attorney's fees approved by the court.

(c) It is a defense to an action under this section that the employer's circumstances changed while the employee was in training or on [active ] duty to an extent that makes reemployment impossible or unreasonable.

SECTION 2. Section 431.082(c), Government Code, is amended to read as follows:

(c) When the adjutant general authorizes payment for training or other duty under Subsection (b), a member of the state military forces performing the training or other duty is entitled, during the period of the training or other duty, to receive pay and allowances as provided by law for the United States Armed Forces, except that the pay may not be less than the reimbursement for lodging and meals authorized by the General Appropriations Act. This pay is an emolument for training or other duty and is salary or base pay. The pay and allowances [and ] may not be reduced because of food, shelter, or transportation that the state pays or furnishes in connection with the training or other duty.

SECTION 3. Section 431.104, Government Code, is amended to read as follows:

Sec. 431.104. COMPENSATION FOR DEATH OR [PERMANENT ] DISABILITY. (a) A member of the state military forces who is killed or disabled while engaged in authorized training or duty [whose disability incurred in the line of military duty ] is [permanent is ] entitled[, after payment under Section 431.102 has ceased and in addition to payment and allowance under Section 431.103, ] to receive compensation under Chapter 501, Labor Code [based on the person's percentage of total disability ]. [The compensation may not exceed $440 a month plus 12 1/2 percent of the basic pay of the grade or rank that the person held when the disability was incurred. ]

(b) The adjutant general, in cooperation with the State Office of Risk Management, may use available public funds to purchase an insurance policy or annuity contract from any insurance or annuity company authorized to do business in this state as the adjutant general considers necessary to carry out this section. This subsection expires September 1, 2001. [The adjutant general shall appoint at least five persons, including at least one officer of the medical corps, as members of a board of officers. The board of officers shall:

[(1) determine a person's percentage of disability and award compensation for the disability under this section; and

[(2) review each compensation award annually on a date set by the adjutant general to determine whether the award should be continued, increased, reduced, or eliminated. ]

SECTION 4. Subchapter C, Chapter 408, Labor Code, is amended by adding Section 408.0445 to read as follows:

Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF THE STATE MILITARY FORCES. For purposes of computing income benefits or death benefits under Section 431.104, Government Code, the average weekly wage of a member of the state military forces as defined by Section 431.001, Government Code, who is engaged in authorized training or duty is an amount equal to the sum of the member's regular weekly wage at any employment the member holds in addition to serving as a member of the state military forces, disregarding any period during which the member is not fully compensated for that employment because the member is

engaged in authorized military training or duty, and the member's regular weekly wage as a member of the state military forces, except that the amount may not exceed 100 percent of the state average weekly wage as determined under Section 408.047.

SECTION 5. Section 501.001(5), Labor Code, is amended to read as follows:

(5) "Employee" means a person who is:

(A) in the service of the state pursuant to an election, appointment, or express oral or written contract of hire;

(B) paid from state funds but whose duties require that the person work and frequently receive supervision in a political subdivision of the state; [or ]

(C) a peace officer employed by a political subdivision, while the peace officer is exercising authority granted under Article 14.03(c), Code of Criminal Procedure; or

(D) a member of the state military forces, as defined by Section 431.001, Government Code, who is engaged in authorized training or duty.

SECTION 6. Section 501.002, Labor Code, is amended by adding Subsection (e) to read as follows:

(e) For the purposes of this chapter and Chapter 451, the adjutant general is considered the employer of a member of the state military forces while engaged in authorized training or duty.

SECTION 7. Section 501.024, Labor Code, is amended to read as follows:

Sec. 501.024. EXCLUSIONS FROM COVERAGE. The following persons are excluded from coverage as an employee under this chapter:

(1) a person performing personal services for the state as an independent contractor or volunteer;

(2) [a member of the state military forces as defined by Section 431.001, Government Code;

[(3) ] a person who at the time of injury was performing services for the federal government and who is covered by some form of federal workers' compensation insurance;

(3) [(4) ] a prisoner or inmate of a prison or correctional institution;

(4) [(5) ] a client or patient of a state agency;

(5) [(6) ] a person employed by the Texas Department of Transportation who is covered under Chapter 505;

(6) [(7) ] a person employed by The University of Texas System who is covered by Chapter 503; and

(7) [(8) ] a person employed by The Texas A&M University System who is covered by Chapter 502.

SECTION 8. Sections 431.102, 431.103, 431.105, and 431.106, Government Code, are repealed.

SECTION 9. (a) This Act takes effect September 1, 1999.

(b) The change in law made by this Act to Subchapter G, Chapter 431, Government Code, applies only to an injury or death of a member of the state military forces occurring on or after August 15, 1998, and to compensation payable on or after the effective date of this Act.

(c) The change in law made by this Act to Sections 501.001 and 501.024, Labor Code, applies to a compensable injury sustained by a member of the state military forces on or after August 15, 1998. For purposes of complying with the procedural requirements to establish a claim for compensation under the workers' compensation

laws by a member of the state military forces who sustains a compensable injury before the effective date of this Act, the member's compensable injury is considered to have been sustained on the effective date of this Act.

(d) Compensation paid or payable for an injury or death of a member of the state military forces while engaged in authorized training or duty occurring before August 15, 1998, and compensation paid or payable before the effective date of this Act for any injury or death of a member of the state military forces while engaged in authorized training or duty are governed by the law as it existed on the effective date, and the former law is continued in effect for that purpose.

SECTION 10. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

The amendment was read and was adopted by a viva voce vote.

On motion of Senator Truan and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

The bill as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 525 ON THIRD READING

Senator Truan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 525 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

CSSB 525 was read third time and was passed by a viva voce vote.

SENATE BILL 1734 ON SECOND READING

On motion of Senator Ratliff and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1734, Relating to the limit on amounts that may be awarded for pecuniary loss to certain applicants under the Crime Victims' Compensation Act.

The bill was read second time and was passed to engrossment by a viva voce vote.

SENATE BILL 1734 ON THIRD READING

Senator Ratliff moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1734 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

SB 1734 was read third time and was passed by the following vote: Yeas 29, Nays 0.

Absent-excused: Cain, Luna.

COMMITTEE SUBSTITUTE

SENATE BILL 365 ON SECOND READING

On motion of Senator Brown and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 365, Relating to the continuation and the functions of the Texas Department of Criminal Justice, the administration of the Private Sector Prison Industries Oversight Authority, and the administration of the Texas Council on Offenders with Mental Impairments.

The bill was read second time.

Senator Moncrief offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 365 in Article 3 of the bill (Committee printing, page 18, between lines 66 and 67) by adding SECTION 3.07 to read as follows:

SECTION 3.07. Chapter 614, Health and Safety Code, is amended by adding Section 614.018 to read as follows:

Sec. 614.018. USE OF COUNTY JAIL FACILITIES. (a) The council shall conduct a study on strategies for reducing the use of county jails to provide mental health treatment to persons with mental illness.

(b) The study must include an examination of:

(1) arrest rates of persons with mental illness and incarceration practices regarding those persons;

(2) the feasibility of establishing a regional mental health detention facility as a pilot facility; and

(3) operational issues regarding the establishment of a pilot facility, including funding strategies and the use of existing facilities.

(c) The council shall file a copy of the study, a synopsis of the results of the study, and the council's recommendations with the legislature not later than February 1, 2001.

(d) This section expires March 1, 2001.

The amendment was read and was adopted by a viva voce vote.

On motion of Senator Brown and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

The bill as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 365 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 365 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

CSSB 365 was read third time and was passed by a viva voce vote.

SENATE JOINT RESOLUTION 3 ON SECOND READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SJR 3, Proposing a constitutional amendment in aid of turnpikes, toll roads, and toll bridges.

The resolution was read second time and was passed to engrossment by a viva voce vote.

BILL AND RESOLUTIONS SIGNED

The President announced the signing of the following enrolled bill and resolutions in the presence of the Senate after the caption had been read:

HCR 38, HCR 6, HCR 99, HCR 114, HCR 154, HCR 170, HCR 172, HCR 174, HCR 231, HCR 233, HB 229.

SENATE JOINT RESOLUTION 20 ON SECOND READING

On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SJR 20, Proposing a constitutional amendment to abolish the Judicial Districts Board.

The resolution was read second time and was passed to engrossment by a viva voce vote.

SENATE JOINT RESOLUTION 20 ON THIRD READING

Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SJR 20 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

SJR 20 was read third time and was passed by the following vote: Yeas 29, Nays 0.

Absent-excused: Cain, Luna.

SENATE BILL 1327 ON SECOND READING

On motion of Senator Gallegos and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1327, Relating to the powers and duties of the Texas Historical Commission.

The bill was read second time and was passed to engrossment by a viva voce vote.

SENATE BILL 1327 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1327 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

SB 1327 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 513 ON SECOND READING

On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 513, Relating to a restriction on the use of goods by a purchaser of the goods.

The bill was read second time.

Senator Brown offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 513 as follows:

(1) Strike SECTION 2 of the bill (Committee Printing page 2, line 49 through page 3, line 11) and substitute a new SECTION 2 to read as follows:

"SECTION 2. Section 15.20, Business & Commerce Code, is amended to read as follows:

Sec. 15.20. CIVIL SUITS BY THE STATE. (a) Suit to Collect Civil Fine. The attorney general may file suit in district court in Travis County or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office on behalf of the State of Texas to collect a civil fine from any person, other than a municipal corporation, whom the attorney general believes has violated any of the prohibitions in Subsection (a), (b), or (c) of Section 15.05 of this Act. Every person adjudged to have violated any of these prohibitions shall pay a fine to the state not to exceed $1 million if a corporation, or, if any other person, $100,000.

(b) Suit for Injunctive Relief. The attorney general may file suit against any person, other than a municipal corporation, in district court in Travis County, or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office on behalf of the State of Texas to enjoin temporarily or permanently any activity or contemplated activity that violates or threatens to violate any of the prohibitions in Section 15.05 of this Act. In any such suit, the court shall apply the same principles as those generally applied by courts of equity in suits for injunctive relief against threatened conduct that would cause injury to business or property. In any such suit in which the state substantially prevails on the merits, the state shall be entitled to recover the cost of suit. Upon finding a violation

of the prohibition against acquiring the stock, share capital, or assets of a person in Subsection (e) [(d) ] of Section 15.05 of this Act, the court shall, upon further finding that no other remedy will eliminate the lessening of competition, order the divestiture or other disposition of the stock, share capital, or assets and shall prescribe a reasonable time, manner, and degree of the divestiture or other disposition.

(c) Suit to Collect Actual Damages. In order to recover actual damages under Subsection (d) of Section 15.05 of this Act, the attorney general may file suit, in district court in Travis County or in any county in the State of Texas in which any of the named defendants resides, does business, or maintains its principal office, on behalf of the State of Texas to recover actual damages sustained, interest on actual damages for the period beginning on the date of service of the pleading by the State of Texas setting forth a claim under the antitrust laws and ending on the date of judgment, and the cost of suit, including reasonable attorney's fees. The rate of interest under this subsection shall be determined in accordance with Texas law regarding postjudgment interest rates and the amount of interest shall be adjusted by the court if it finds that the award of all or part of such interest is unjust under the circumstances. If the trier of fact finds that the unlawful conduct was wilful or flagrant, it shall increase the recovery to threefold the damages sustained and the cost of suit, including reasonable attorney's fees; provided, however, that interest on actual damages as specified in this subsection may not be recovered when recovered damages are increased threefold.

(d) No suit filed under Subsection (a), [or ] (b), or (c) of this section may be transferred to another county except on order of the court.

(e) [(d) ] Nothing in this section shall be construed to limit the constitutional or common law authority of the attorney general to bring actions under state and federal law."

(2) Strike SECTIONS 3 and 4 of the bill and renumber subsequent SECTIONS appropriately.

The amendment was read and was adopted by a viva voce vote.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSSB 513 to read as follows:

Amend SECTION 15.05(d) in SECTION 1, on page 2 line 3, after the word "seller", by inserting "where such condition, agreement, or understanding is unreasonable and" (Committee Printing page 1, line 35)

The amendment was read and was adopted by a viva voce vote.

On motion of Senator Carona and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

The bill as amended was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 513 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 513 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

CSSB 513 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 705 ON SECOND READING

On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 705, Relating to providing aid, support, and assistance to agriculture; establishing the agricultural technology program.

The bill was read second time and was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 705 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 705 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

CSSB 705 was read third time and was passed by a viva voce vote.

SENATE BILL 1108 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1108, Relating to the disposition of the proceeds of fines collected for overweight vehicles.

The bill was read second time.

Senator Shapleigh offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1108, in SECTION 1, on page 1, line 13, after the word "deposited" and before the word "in", by inserting "for the purposes of road maintenance".

The committee amendment was read and was adopted by a viva voce vote.

On motion of Senator Shapleigh and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

The bill as amended was passed to engrossment by a viva voce vote.

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the passage of the bill to engrossment.

SENATE BILL 1108 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1108 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 27, Nays 2.

Yeas: Armbrister, Barrientos, Bernsen, Bivins, Brown, Carona, Duncan, Ellis, Fraser, Gallegos, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Harris, Wentworth.

Absent-excused: Cain, Luna.

SB 1108 was read third time and was passed by a viva voce vote.

RECORD OF VOTE

Senator Harris asked to be recorded as voting "Nay" on the final passage of the bill.

(Senator Truan in Chair)

COMMITTEE SUBSTITUTE

SENATE BILL 967 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 967, Relating to creating a registry for acts of misconduct of certain employees of facilities licensed by, or certain entities that contract with, the Texas Department of Human Services.

The bill was read second time and was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 967 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 967 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

CSSB 967 was read third time and was passed by a viva voce vote.

SENATE BILL 1533 ON SECOND READING

On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

SB 1533, Relating to the hazardous substances law; providing penalties.

The bill was read second time.

Senator Brown offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1533, as introduced, as follows:

(1) On page 8, line 21, strike "(a)" of SECTION 9 of the bill.

(2) On pages 8 and 9, strike the entirety of Subsection (b) of SECTION 9 of the bill.

(3) On page 18, strike Subsection (d) of SECTION 14 of the bill.

The committee amendment was read and was adopted by a viva voce vote.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 1533 as follows:

(1) In the instructional language to SECTION 14 of the bill (committee printing, page 4, line 67), strike "through 501.042" and substitute "and 501.037".

(2) In SECTION 14 of the bill, strike Sections 501.038 through 501.042, Health and Safety Code (committee printing, page 5, line 56, through page 8, line 10).

The amendment was read and was adopted by a viva voce vote.

On motion of Senator Carona and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

The bill as amended was passed to engrossment by a viva voce vote.

SENATE BILL 1533 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1533 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

SB 1533 was read third time and was passed by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 689 ON SECOND READING

On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment:

CSSB 689, Relating to an exemption from the Sale of Checks Act for electronic transfers.

The bill was read second time and was passed to engrossment by a viva voce vote.

COMMITTEE SUBSTITUTE

SENATE BILL 689 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 689 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 28, Nays 1.

Nays: Wentworth.

Absent-excused: Cain, Luna.

CSSB 689 was read third time and was passed by a viva voce vote.

MOTION TO PLACE

COMMITTEE SUBSTITUTE

SENATE BILL 614 ON SECOND READING

Senator Sibley moved to suspend the regular order of business to take up for consideration at this time:

CSSB 614, Relating to proportionate responsibility of persons who cannot feasibly be joined in a lawsuit.

The motion was lost by the following vote: Yeas 18, Nays 10. (Not receiving two-thirds vote of Members present)

Yeas: Armbrister, Bivins, Carona, Duncan, Fraser, Harris, Haywood, Jackson, Lindsay, Lucio, Nelson, Ogden, Ratliff, Shapiro, Sibley, Wentworth, Whitmire, Zaffirini.

Nays: Barrientos, Bernsen, Brown, Ellis, Madla, Moncrief, Nixon, Shapleigh, Truan, West.

Absent: Gallegos.

Absent-excused: Cain, Luna.

GUEST PRESENTED

Senator Ogden was recognized and introduced to the Senate Bill Erwin of College Station, who was named the 1999 Lone Star Achievement Award winner.

SR 647, honoring Mr. Erwin, was previously adopted on Wednesday, April 14, 1999.

The Senate welcomed Mr. Erwin.

SENATE RULE 11.18 SUSPENDED

(Posting Rule)

On motion of Senator West and by unanimous consent, Senate Rule 11.18 was suspended in order that the Subcommittee on Higher Education might consider

SB 1861 today.

MEMORIAL RESOLUTION

SR 676 - by Luna: In memory of Virginia Urbina Jones of San Antonio.

WELCOME AND CONGRATULATORY RESOLUTIONS

SCR 66 - by Armbrister: Congratulating Mayor Hilmar G. Moore of Richmond.

SR 668 - by Brown: Congratulating the Gulf States Marine Fisheries Commission.

SR 669 - by Duncan: Congratulating Carolyn Goebel and the Staked Plains Council of the Texas Council for Social Studies.

SR 672 - by Bernsen: Congratulating the Montgomery County Hospital District Emergency Medical Service.

SR 673 - by Shapleigh: Congratulating Adina Campbell of El Paso.

SR 674 - by Cain: Congratulating Presbyterian Hospital of Kaufman.

SR 675 - by Cain: Congratulating Hattie and Miguel Pompa of Campbell.

SR 677 - by Lucio: Congratulating Jose and Adelina Pulido of McAllen.

SR 678 - by Lucio: Congratulating Leo Araguz.

SR 679 - by Moncrief: Congratulating Gary Hicks of Fort Worth.

SR 680 - by Ellis: Congratulating the Houston Chapter of Top Ladies of Distinction, Incorporated.

SR 681 - by Ratliff: Welcoming members of the Texas Association of Counties to the Capitol.

SR 682 - by Truan: Congratulating the Solomon P. Ortiz Intermediate School in Robstown.

SR 683 - by Truan: Congratulating the League of United Latin American Citizens Council Number One.

HCR 164 - by Barrientos: Honoring the recipients of the 1999 Texas Excellence Awards for Outstanding Teachers.

ADJOURNMENT

On motion of Senator Wentworth, the Senate at 3:43 p.m. adjourned until 10:00 a.m. tomorrow.

APPENDIX

COMMITTEE REPORTS

The following committee reports were received by the Senate:

April 19, 1999

FINANCE - CSSB 113, CSSB 341

BORDER AFFAIRS - SB 1386, SB 1857

EDUCATION - CSSB 1724, CSSB 1572, CSSB 268, CSSB 724

HUMAN SERVICES - CSSB 13, CSSB 1441

NATURAL RESOURCES - SB 1822

INTERGOVERNMENTAL RELATIONS - CSSB 1807, CSSB 712, CSSB 1166, CSSB 1073

STATE AFFAIRS - CSSB 154, CSSB 974, CSSB 1195, CSSB 1351, CSSB 1416, CSSB 1438, SB 1505 (Amended), CSSB 1517, CSSB 1851

NATURAL RESOURCES - CSSB 1770

BORDER AFFAIRS - CSSB 1660, CSSB 1703, CSSJR 35, CSSB 1622, CSSB 1613, SB 867 (Amended), CSSB 1375

FINANCE - SB 805, SB 1354, SB 1862, CSHB 1

NATURAL RESOURCES - CSSB 1685

CRIMINAL JUSTICE - CSSB 1774, SB 39 (Amended), CSSB 965, CSSB 447, CSSB 1607, CSSB 1000, CSSB 22, SB 1217, SB 1215, SB 1558, SB 1276, SB 1180, SB 1124, SB 1125, SB 194, SB 804, SB 565

BORDER AFFAIRS - CSSB 913

FINANCE - CSSB 1435, CSSB 869, CSSB 868, SB 1461 (Amended)